FERGUSON v. ESTATE OF FERGUSON

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Docket Number

No. 81-280.

Attorney(S)

Earl L. Maxwell, Jr., of Maxwell Hill, West Palm Beach, for appellant. James G. Pressly, Jr., of Gunster, Yoakley, Criser Stewart, Palm Beach, for appellee.

Judges

PER CURIAM.

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Smart Summary

Factual and Procedural Background

This opinion addresses an appeal concerning a probate matter where the sole issue raised was testamentary capacity. The appeal was taken from the Circuit Court of Palm Beach County. The appellee moved to tax attorneys' fees pursuant to Section 57.105, Florida Statutes (1980), alleging the appeal was frivolous. The appellate court considered the motion and the underlying appeal record.

Legal Issues Presented

Whether the appellant raised a justiciable issue of law or fact on appeal, specifically regarding testamentary capacity.
Whether the appellee is entitled to attorneys' fees under Section 57.105, Florida Statutes (1980) due to the nature of the appeal.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980), rev. denied 392 So.2d 1373 (Fla. 1980)	Definition of frivolous appeals as those lacking justiciable issues of law or fact.	Used to establish that absence of justiciable issues equates to frivolousness, supporting attorneys' fees award.
T.I.E. Communications v. Toyota Motors, 391 So.2d 697 (Fla. 3d DCA 1981)	Support for identifying frivolous appeals under Section 57.105.	Reinforced the court's conclusion that the appellant's appeal was frivolous.
Sachs v. Hoglund, 397 So.2d 447 (Fla. 3d DCA 1981)	Application of attorneys' fees statute to frivolous appeals.	Supported the grant of attorneys' fees for baseless appeals.
Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981)	Interpretation of frivolousness under Section 57.105.	Confirmed the court's authority to tax attorneys' fees for frivolous appeals.
Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982)	Constitutionality and purpose of Section 57.105 to deter baseless claims and sham appeals.	Guided the court's decision affirming the statute's application to the present case and the appropriateness of awarding fees.

Court's Reasoning and Analysis

The court conducted a thorough review of the briefs, record on appeal, and motions regarding attorneys' fees. It determined that the appellant failed to raise any justiciable issue of law or fact, specifically noting that the issue of testamentary capacity was neither pleaded nor contested at trial. This absence of a legitimate legal or factual dispute was equated with frivolousness under Section 57.105. The court relied on established precedents defining frivolous appeals and affirmed the statute’s constitutionality, emphasizing its purpose to discourage baseless claims, stonewall defenses, and sham appeals by imposing attorneys' fees on losing parties who engage in such conduct. Consequently, the court granted the motion to tax attorneys' fees and remanded the case to the trial court to determine the amount due.

Holding and Implications

The court granted the appellee's motion to tax attorneys' fees and remanded the matter to the trial court for determination of the amount of fees attributable to the appeal and entry of judgment thereon.

The direct effect of this decision is the imposition of attorneys' fees on the appellant for pursuing an appeal deemed frivolous due to the lack of a justiciable issue. No new legal precedent was established; rather, the ruling applied existing statutory and case law principles to discourage baseless appellate litigation.

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LUCILLE FERGUSON, APPELLANT, v. ESTATE OF COURTLAND D. FERGUSON, APPELLEE.

PER CURIAM.

This matter has been considered on motion to tax attorneys' fees by appellee pursuant to Section 57.105, Florida Statutes (1980). The motion to tax attorneys' fees is granted and the matter remanded to the trial court for determination as to the amount. After a thorough review of the briefs, the record on appeal, and the motions and arguments regarding attorneys' fees, we conclude that this appeal presents a situation within the statute in that there is a complete absence of a justiciable issue of law or fact raised by appellant. This has been held to be the equivalent of frivolousness. See: Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980); rev. denied, 392 So.2d 1373 (Fla. 1980); T.I.E. Communications v. Toyota Motors, 391 So.2d 697 (Fla. 3d DCA 1981); Sachs v. Hoglund, 397 So.2d 447 (Fla. 3d DCA 1981); and Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).

The sole issue raised on appeal in this probate matter was testamentary capacity. This issue was simply not included in the pleadings before the trial court or presented as a contested issue in the trial. Our Supreme Court has recently affirmed the constitutionality of the attorneys' fee statute in question, and we believe the present situation is within the guidelines set in that decision. See Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982). The Court there stated: "The purpose of section 57.105 is to discourage baseless claims, stonewall defenses and sham appeals in civil litigation by placing a price tag through attorney's fee awards on losing parties who engage in these activities." (Emphasis supplied).

This matter is remanded to the trial court for determination of the amount of fees attributable to the appeal and for entry of judgment thereon.

DOWNEY, BERANEK and HURLEY, JJ., concur.